Tourist visa while K-1 is pending

[vickydeutsch 0]

Well I think to get a tourist visa is just a matter of luck. The first time I got a tourist visa, I went to the embassy with all my bank statements, letter from my employer, taxes (from my country Peru). The consul asked me the purpose of my trip,I just said i was goingt o my cousin´s wedding. She checked the letter of my employer at that time and she gave me the visa. She never checked my bank statements or taxes, my cousin´s wedding invitaion, anything!!!!.....I was very lucky.

However, I had a bad experience also at the embassy. I returnec to the embassy last year because my work authorization was approved in the Department of Labor in the United States. They made me come back to Peru becuase they said I needed to ask for the work visa here. So I returned to peru, went to the embassy with the letter of approval (from the Department of Labor of the United States), the letter from immigration (approval), the letter of my employer (I started working there with my temporal work authorization) but this time the consul told me I overstayed in USA!!!!! of course I didn´t!!!! I studied there and I extended my status while I was a student. Even though I had all the evidence she denied my work visa!!!!! of course I was devastated and I asked her: what am I going to do now?? she told me: well, get a job here (in Peru). And I replied: but I have a job waiting for me in New York (and my boyfriend but I didnt say that) and she told me: don´t worry, I am sure there are plenty of capable people who can do your job!!!!!!!!!!!

So as you can see, it´s all just a matter of luck. That´s why my fiance decided to start the K1 process for me. However I would like to go back to the embassy to ask for a tourist visa again. I really want to visit my fiance and spend some time with them. I miss him very much

[Nanusia & Lukaszek 0]

It's hard to get a tourist visa after you've been turned down for one in the past. They see it on your record and already have a negative vibe about you before you start showing them anything you've brought as proof of ties.

My husband (then fiance) wanted to come visit me before we started on the K1 and also got denied. The whole interview lasted about 2 minutes. They asked his mothers & fathers occupations. Both have stable well paying jobs for years and years. This must have seemed weird to them, so he got denied. They didn't ask anything about him, didn't let him speak a work except to answer the occupations, and then called "NEXT!"

Sometimes its a draw of the luck and the $100+ that you risk.

K1 interview was much different. They treat you like you are "hooked up", well technically you are with a USC, so they treat you as so. Not the same b.s. as for the tourist visa interview. Different consul, different whole section of the consulate, different lines. No worries.

Give it a shot, bring everything you have, and be flat out honest & see what happens. Good luck

[Badgerella 5]

Thank you.

I am glad to hear that the K1 interview is different and that I won't be meeting the same COs. Or, well, at least I hope that it works the same here in Croatia. I know that immigrant visa interviews are being conducted in the same office, just at a different window. Hopefully these same faces won't sit behind the glass and all. We'll see.

As for the tourist visa - yes, I will try no matter what. It's a lot of money ($130 now, at least here, because a few months ago they literally decided to change it), but it's not the worst thing ever. Like I said, I will be angry and disappointed if it gets denied again (I really do think I have more than enough ties to Croatia and I most certainly KNOW I would not stay in the States and do anything at all on my tourist visa, other than being a tourist), but as long as everything goes fine with K1...

So I assume I really should say that I want to go visit my fiance when I go talk about the tourist thing and just deal with another denial, which is likely to happen, huh?

[minibadger 1]

It's hard to get a tourist visa after you've been turned down for one in the past. They see it on your record and already have a negative vibe about you before you start showing them anything you've brought as proof of ties.

...They didn't ask anything about him, didn't let him speak a work except to answer the occupations, and then called "NEXT!"

Sometimes its a draw of the luck and the $100+ that you risk.

We've heard stories like this before, and obviously experienced them. However, this is COMPLETELY and DIRECTLY contrary to ALL the stated procedural guidelines for tourist visa applications. Shouldn't that be illegal? Shouldn't there at least be some appeals process or place to complain that they're blatantly breaking their own rules, and basically stealing people's money, as well as completely failing to properly serve the public and protect the United States from risky applicants while letting in non-risky ones?

What's the point of spending our taxpayer money on these gratuitous jail-like embassies and the consulates if they're going to fail to follow their own, or even logical, rules?

Any important, personal bureaucratic system that has absolutely no checks or ability to appeal, I think should be an immediate warning flag that some very, very stupid and unfair things are going to happen, and money is going to be wasted on incompetence. How is this okay? How is this helping the image of the US, by treating people like cattle, or even worse?

It makes me very sad, and I hope someday I'll have the opportunity to at least TRY to do something about it. People should not be treated in such a way, and the United States of America should have good representation which projects a positive image, not the exact opposite. Like anything important, this is going to take work, and for people to be willing to take the hard road in order to do the right thing and make it better and more equitable for all. I truly believe in the ideals the USA were founded on, and it makes me deeply embarrassed when things like this happen.

Edited August 1, 2008 by minibadger

[Badgerella 5]

Here I come again, looking to hear your opinion on the following:

Our I-129F has been sent and we have NOA1, or so I think (no hard copy yet; my fiance received an email from USCIS the other day).

Next week I will be applying for a visitor visa again, after three denials (twice in October and once in November 2007 - details can be found earlier in this thread). Because of my job, I'd be able to stay for three, up to three and a half weeks.

To sum it all up: I do not have a bunch of news-breaking, new evidence of ties to Croatia. It's still pretty much the same - same full-time job of three years and a small, but noticeable raise since the last time I had them look at my bank reports, savings in my savings account (nearly as much as an average Croatian makes in a year). I am still a college student, now pretty close to getting my degree (approximately 6 months left before I am ready to graduate). My entire family lives here, I still do not own, or need my own place to either buy or rent. I have lived in Croatia all my life, but have travelled all over Europe. I have a fat stack of notarized and/or otherwise stamped documents proving all of the above.

What has changed, though, is the fact that I now officially have a fiance and that we have a K-1 visa pending. At the time of my visitor visa interview, my fiance will be here in Croatia, visiting, and we will try to get him to come with me to the interview (at least to be let into the building). Since my situation has not changed that much (nor anyone expected it to, because what they wanted of me last time I was there was, and still is, completely unrealistic for this country), we think that we'll try being perfectly and completely honest - we plan to use K-1 as proof of yet another tie to this country - in order to actually be issued the visa, I need to attend an interview, right here in Croatia. Clearly, obtaining the said document is of great importance to us as we plan to get married and then live in the States. Legally.

On D-156, or whatever the name of the form is, I understand that I am supposed to circle 'yes, I have a fiance living in the US'. I'll be showing them a notarized letter of invitation signed by my fiance and his parents that, amongst other things, also states that I am his fiancee and that we have a K-1 pending. I'll likely be visiting other friends while I am in the States and I have no problems saying that, but if I really want to be honest, I have to tell them that the two of us actually want to spend some more time together. The whole process is insanely long and it's impossible for my fiance to just sit here with me all the time. He's been here about 5 months ago, is coming again next week, and I have never been to the US (before I met him, I never really wanted to, anyway).

I'm sort of.. well, I'm fairly sure I will be denied again (unless they now have a completely new set of COs, who are, amongst other things, a lot more competent and familiar with the country they work in or, basically, unless some miracle decides to happen), but it's important of us to try this one more time. Or... like I said some time earlier, we'd perhaps just like to donate another $130 to the US government...

Anyway, what I would like to know is - are we nuts? Will all this honesty actually be used against us?

[eric_and_teresa 10]

Here I come again, looking to hear your opinion on the following:

Our I-129F has been sent and we have NOA1, or so I think (no hard copy yet; my fiance received an email from USCIS the other day).

Next week I will be applying for a visitor visa again, after three denials (twice in October and once in November 2007 - details can be found earlier in this thread). Because of my job, I'd be able to stay for three, up to three and a half weeks.

To sum it all up: I do not have a bunch of news-breaking, new evidence of ties to Croatia. It's still pretty much the same - same full-time job of three years and a small, but noticeable raise since the last time I had them look at my bank reports, savings in my savings account (nearly as much as an average Croatian makes in a year). I am still a college student, now pretty close to getting my degree (approximately 6 months left before I am ready to graduate). My entire family lives here, I still do not own, or need my own place to either buy or rent. I have lived in Croatia all my life, but have travelled all over Europe. I have a fat stack of notarized and/or otherwise stamped documents proving all of the above.

What has changed, though, is the fact that I now officially have a fiance and that we have a K-1 visa pending. At the time of my visitor visa interview, my fiance will be here in Croatia, visiting, and we will try to get him to come with me to the interview (at least to be let into the building). Since my situation has not changed that much (nor anyone expected it to, because what they wanted of me last time I was there was, and still is, completely unrealistic for this country), we think that we'll try being perfectly and completely honest - we plan to use K-1 as proof of yet another tie to this country - in order to actually be issued the visa, I need to attend an interview, right here in Croatia. Clearly, obtaining the said document is of great importance to us as we plan to get married and then live in the States. Legally.

On D-156, or whatever the name of the form is, I understand that I am supposed to circle 'yes, I have a fiance living in the US'. I'll be showing them a notarized letter of invitation signed by my fiance and his parents that, amongst other things, also states that I am his fiancee and that we have a K-1 pending. I'll likely be visiting other friends while I am in the States and I have no problems saying that, but if I really want to be honest, I have to tell them that the two of us actually want to spend some more time together. The whole process is insanely long and it's impossible for my fiance to just sit here with me all the time. He's been here about 5 months ago, is coming again next week, and I have never been to the US (before I met him, I never really wanted to, anyway).

I'm sort of.. well, I'm fairly sure I will be denied again (unless they now have a completely new set of COs, who are, amongst other things, a lot more competent and familiar with the country they work in or, basically, unless some miracle decides to happen), but it's important of us to try this one more time. Or... like I said some time earlier, we'd perhaps just like to donate another $130 to the US government...

Anyway, what I would like to know is - are we nuts? Will all this honesty actually be used against us?

If your situation regarding to the ties in your home country, financial, professional or social situation have not changed, then I advise you not to apply for a tourist visa again. This is the first question you'll be asked by the CO, "How has your situation changed, since the last denial"? If you are not able to prove that in fact, it has changed, most likely you'll be denied again.

The fact that you have an american fiance now, is irrelevant for this type of Visa, IMHO. The notarized letter is good to prove the purpose of your trip but still, you as the applicant, need to prove on YOUR OWN that you meet ALL the requirements to receive a B-2.

[Badgerella 5]

If your situation regarding to the ties in your home country, financial, professional or social situation have not changed, then I advise you not to apply for a tourist visa again. This is the first question you'll be asked by the CO, "How has your situation changed, since the last denial"? If you are not able to prove that in fact, it has changed, most likely you'll be denied again.

The fact that you have an american fiance now, is irrelevant for this type of Visa, IMHO. The notarized letter is good to prove the purpose of your trip but still, you as the applicant, need to prove on YOUR OWN that you meet ALL the requirements to receive a B-2.

I've been there three times and no one asked me if anything has changed.

I was also never unable to prove that I DO have ties to this country - three different COs just never bothered to look through my papers, let alone read them.

[spookyturtle 9,465]

Just a few quick thoughts. You really have no way of knowing if the story you heard about someone getting a visa with a criminal record is true. They may have lied at the consulate, many people do in order to get a visa. Each case is different and if you don't know all the facts and what actually took place at the interview it's difficult to compare your case to someone else's. Lots of wrong information gets passed around. Everyone knows someones uncles brothers cousins mothers sister who got approved. Take some of the stories with a grain of salt. You're being honest, many other people are not.

I also believe that there is no rhyme or reason to the approvals or denials. In your case, you applied three times in a month. Probably no chance of getting approved after the first denial, too short a period of time. Now you have waited 8 months, you may have a better chance. People I have know from Brazil who were denied were told to come back when they had stronger ties to their home country. Hopefully you will get a different CO this time.

Hang in there and keep fighting. Persistence pays off. And most of all, good luck.

[Chris & Mara 0]

Here I come again, looking to hear your opinion on the following:

To sum it all up: I do not have a bunch of news-breaking, new evidence of ties to Croatia. It's still pretty much the same - same full-time job of three years and a small, but noticeable raise since the last time I had them look at my bank reports, savings in my savings account (nearly as much as an average Croatian makes in a year). I am still a college student, now pretty close to getting my degree (approximately 6 months left before I am ready to graduate). My entire family lives here, I still do not own, or need my own place to either buy or rent. I have lived in Croatia all my life, but have travelled all over Europe. I have a fat stack of notarized and/or otherwise stamped documents proving all of the above.

Badgerella,

I'm not sure if I understood your Orginal post correctly, that you live in an apartment apart from your family that they own (and therefore do not have to rent?) or you still live at home with family.

Either way, it could be possible to provide yourself with more ties by entering into a written agreement with your parents that means that you in some sense "rent/board at" the room/home.

I know it may seem silly but it does give you another tie to your own country and another piece of paper cannot hurt.

[Badgerella 5]

I live with my mother and stepfather and one of my siblings at their house, what we refer to as our home. There are no reasons for me, or any other of my siblings to go and rent something on their own (sister currently lives with our father). It'd be, to put it that way, senseless and stupid since we, the family, have more than enough room for all of us to live the way we do.

It's perfectly normal for Croatians to live this way, is what I want to stress out. As far as I understand the American law and everything I have read on various websites, including those issued by the American government, COs are supposed to treat each and every case as an unique one and, even more so, understand the country the applicant comes from. Its tradition and ... just basically to know something about it. One of the reasons my last visa was denied was the fact I didn't have any reports of passed exams for that academic year only 19 days after the beginning of the school year. While here you can take exams MONTHS after that. I expect them to know that. Or to at least listen to me if I want to elaborate things. Or to perhaps read the documents an applicant provides.

I do understand NOW that I shouldn't have applied three times in a row within basically just a month. But I didn't know it back then. Why? Because I never thought applying and being granted a visitor visa would be rocket science or something you had to go read between the lines for. My fiance and I decided to do the first and, technically, only logical thing - go to the Embassy website and do exactly what we were told. Which, clearly, is not what exactly is going on, or how things are supposed to be done.

[Badgerella 5]

Denied, again, on Sep 8th. It was my 4th attempt.

My fiance was allowed to enter the consular building, but they didn't let him approach the window during my interview. However, the head consul talked to him after I was done (so, not the person who reviewed my case, but the head consul herself). It was kind of nice to be able to ###### at someone and to tell them they, again, have no idea what they are doing and that things the official website (and the law) claim are true are not really being done in practice, but, as expected, it didn't work.

I have to mention that, this time, they did go through my folder and actually had some sort of idea who I was or what I wanted. Which didn't really help (they still lack background knowledge about the country they work in) but at least made us feel a little bit better. The interview took about 10, instead of 2 minutes and once it was done, in the pile of documents they returned we found my fiance's email he had sent them the night before. So, yes, someone actually ended up making an effort to connect the two. Yay for solving puzzles, I guess. They earn a brownie point here.

The reason of my 4th denial (first one where I actually had a fiance in the States and where K1 was mentioned) was K1 itself as well as, again, COs lack of understanding local laws and traditions. Actually, 'understanding' is too nice a word. Neither of the two knew anything, at all, about Croatian college education system or rules that apply to it. So my student status, again according to them, and along with our K1, is another reason they couldn't let me into the country. The guy I talked to suggested we should just wait it out and he even printed a bunch of useless information from the USCIS website for us. Needless to mention that he was unable to read the things he printed - he got it all wrong, of course.

Either way, I specifically asked if being honest with them is what actually gets you screwed over and, yup - the guy nodded his head. So go figure.

Maybe they'll spend our newest $131 on something chewy and then, somehow, they'll choke on it.